223,000,000 GUNS OR SO… THINK THIS MIGHT BE A PLANNING ISSUE?

Folks are on both sides of the issue of gun ownership. We all know that there are a lot of things in life that are dangerous: cars, chainsaws, rugby, commercial fishing… and guns.

Lately I have been pondering the issue of individual responsibility. I often people cite their "constitutional rights" as if that was the total equation concerning gun ownership. But it seems to me that rights and responsibility for their exercise go hand in hand.

On to a concept fairly new for me: the gun trust. It's usually a living trust used to purchase a suppressor or other regulated firearm without the necessity of going through the local Chief Law Enforcement Officer for permission… often denied without much chance to fight it. With a trust you can apply directly to the BATFE for a tax stamp.

Some gun shops give out trusts for free to promote sales, without considering the consequences. You may even be tempted to draft your own or to download a trust from the Internet. Talk about DANGEROUS… Let me explain a bit.

About a year ago I overheard a discussion about a "free living trust" that would simplify the process of acquiring a suppressor, short barreled rifle, or something similar regulated by federal law. Sounds good, right? I mean the trust was "free…"

I did some research and discovered a number of firearms-related issues. The major one I call the "Accidental Felony."  With 223,000,000 or so firearms in this country, and people passing away each year, guns go from owner to owner very often. Consider that a well-meaning friend or family member that follows the terms of your estate plan might possess or transfer a firearm WITHOUT COMPLYING WITH LOCAL, STATE AND FEDERAL LAW. If the transferee of the firearm is unable to legally possess it… you can see how the problem gets bigger and bigger.

For example, failing to observe the Gun Control Act of 1968, Title II, concerning "National Firearms Act" firearms can result in 10 years in prison and a fine of $250,000… per count. Other similar laws are on the books for every type of firearm. These laws are nothing to ignore. Again, somebody can accidentally violate them.

In Washington State persons other than felons and some other prohibited categories can own any type of rifle. Here's another example… you can own any rifle like an AR-15. It is the civilian version of the M-16 and is semi-automatic like many other types of rifle. However, some states call it an "assault rifle" and prohibit private ownership. What if you, from Washington, give it to your brother in your Will… he lives in the other state… next, what if he was convicted of domestic violence… which prohibits his ownership of ANY firearm under federal law in my example…

See the accidental problems that simple, legal ownership followed by transfer of a gun can cause?

 

CONSIDER THIS:

1. Firearms are part of the American ethos, part of the landscape.
    
2. Often, firearms are heirlooms and some have significant financial value too.
    
3. Local, state, and federal laws abound; they are not really in synch. They affect possession, ownership, transfer etc. etc. of all classes of firearms... which makes it VERY DANGEROUS to simply distribute them via a normal Will or normal Living Trust. These tools contain NO SPECIFIC GUIDANCE on how to do so without committing the "accidental felony."
    
4. Many gun stores give away free living trusts merely to expedite their sale of an NFA item. The ones I have seen are amateurish at best, defective and void at worst. What a questionable practice, and one that creates danger for customer AND gun shop AND innocent parties who rely on them in future…

SO WHAT IS A GUNDOCX TRUST AND WHY DID I CREATE IT?How do you allow others to use your firearm without breaking the law? What if your spouse goes to sell, give away, or loan your firearm when you are travelling, or you are disabled, or you pass on? Can I own a machine gun in another state, legally, when I live in this state which doesn't permit me to own it?

I created GunDocx to deal with all of these issues, and more. Attorney Foss Hooper joined my team of one, and we invented a complete trust system to help you acquire, possess, and transfer your precious firearms collection during your life and thereafter, REDUCING AND HOPEFULLY ELIMINATING THE CHANCE OF SOMEONE COMMITTING THE ACCIDENTAL FELONY.

GunDocx is one of a growing family of special purpose trusts available from Brislawn Lofton, PLLC. Special Needs, IRA Preservation, Asset Protection, Minor Child Auto and Charitable Income Trusts are only a few of them. Give me a call or send an email if you have an issue that cries out for creativity… we just may have something that will delight you.